Monday, July 06, 2015

Suing is not as easy as buying murtabak

PKR's MP for Telok Kemang, Dato Kamarul Baharin and PAS's Spiritual Leader, Dato Haron Din could not believe the transfer of such vast sum of money into a personal account. The Mole's Askiah Adam have problem comprehending such possibility. So does one TMI reader TMI, Nur Adilah Ramli here.

A significant portion of the public find it too far fetch for Najib to make such amateurish and illegal transaction. As Najib said in his PC yesterday, “If I want to rob also I won’t do it in Malaysia, that is if I wanted to rob the people.” [read MMO here].

Only Allah knows the ultimate truth but for us mere mortal, the truth lies with the authority. The statement by AG Tan Sri Gani Patail to "semak" [read here] led some to suspect the existence of documentary evidences.

It made the social media, though believe WSJ's allegation as far fetch, generally insistent on Dato Najib to sue WSJ and SR to prove his innocence.

Problem is suing WSJ is not as easy as buying murtabak said Rizal Mansor, one special officer in the PM Dept. in his FB. This morning, the special officer described Najib's predicament as akin to:

It would be more hilarious to use the example curi murtabak from kuih-selling warong. But then, the social media would make fun of his boss. Such is the dilemma of Najib.

Najib said he will be talking to his lawyer to sue [read TMI here]. The Star reported that he will be suing on Tuesday [read here]. But former AG, Tan Sri Abu Talib Osman said forget about suing but just clarify existence of such Bank account [read TMI here].

In
the Wall Street Journal and Sarawak Report, they alleged that money in
the billions were remitted to companies in which it was subsequently
transferred into the private account of Najib at Arab Malaysian Bank.

The diagram from SR's Adb-to-Abd amended report as below:

Ihsan Perdana Sdn Bhd have denied making such transfer. Not to mention the company will be subjected to investigation on suspicion of Criminal Breach of Trust for transferring money from a company to a personal account.

Since WSJ have
remained steadfast with their allegations, it leaves Najib with no much choice but to sue.

Anyone with banking experience know that it is not easy for such transaction to occur or be left undetected. There is a monitoring mechanism at Bank Negara. No bank would either accept such transfer or crediting the respective account for such amount without any clearance from BNM. On top of that, there is no way BNM would allow the foreign transaction to sell US dollar and buy ringgit to happen at one go. BNM only allow it be done in staggered amount.

It would be a major systemic breakdown for any Tan or Ah Loh to remit and bank in such amount into Najib's personal account.

Despite all these and Singapore had successfully won several lawsuits against WSJ, banking confidentiality will not make the lawsuit as easy as buying murtabak.

Priot to the GE 13, in 2012, Sabah Chief Minister, Dato Musa Aman was accused of accepting money from an underworld boss Michael Chia. A copy of a fake remittance record showing remittance instruction into the account of Musa's son had gone viral. [read Sabah Ground Zero here].

The slandering Sarawak Report was right in the thick of action in reporting this false accusation together with comrade-in-arm Malaysiakini.

Was it Musa planning to sue or to clear himself up with the authorities, there was a legal headache to get cooperation of banks. They are stuck under bank confidentiality law refraining them from making any testimony or declaration.

Made to understand that Najib is considering of suing WSJ and SR locally and abroad.

But, how is he to make a case when BAFIA disallow both Arab Bank and BNM to divulge anything on the accounts except for criminal prosecution?

Without the authorities having made a case out of it yet, Najib's case may get thrown out at case management level. Maybe that is the ulterior reason behind Dato Nazri Aziz's suggestion that Najib not sue [read The Star here].

As it is, BNM and Arab Bank need to make a denial statement today. Otherwise, Najib will be made mincemeat ingredient for murtabak.

That likelihood looks bleak and the public expectedly will make the easy as buying murtabak assumption that Najib had account with Arab Bank.

To "sue" or not to "sue", that is the question: Whether 'tis Nobler in the mind to suffer The Slings and Arrows of outrageous Fortune, Or to take Arms against a Sea of troubles,
And by opposing end them: to die, to sleep
No more; and by a sleep, to say we end
The Heart-ache, and the thousand Natural shocks
That Flesh is heir to? 'Tis a consummation
Devoutly to be wished. To die, to sleep,
To sleep, perchance to Dream; aye, there's the rub,
For in that sleep of death, what dreams may come, ....

23 comments:

Was tempted to not publish or delete only your comment but perhaps I like to give an example of how we can improve our comments without the need for "hostilities, insults and bad languages" and to just " Plainly state your opinion".

So we recorrect your comment:

Refering to your statement below:

- could not believe the transfer of...- find it too far fetch...

The point in question is:

- why no denial of ...transferred into the private account of Najib at Arab Malaysian Bank.- was fund taken for other use when PMO stmt that said prime minister has not taken any funds for personal use.

--------------

The remaining poser was unnecessary and insulting. Its like you've not been reading our postings to the letter and spirit.

Just cause we do not blindly follow Tun or take a principle ground of any accusation must be substantiated by proof, we have to be hurled such insults!!!????

Must be the result of poor upbringing.

There will be no compromise on improper conduct in this commentary box. Its our blog and we dictate the rules!

If PM is deadly serious in clearing his name, ask AMBANK to printout his bank statement have them verified then distribute it to the press. Why make things difficult. It is easy to disprove the accusation unless PM got something to hide

Let me give you the "should be" Najib's proper response in the case like this taken from non other Dr M himself:

years back, someone accuse Dr M and Family of having hundred of million save in the Israel National Bank (Singapore) complete with bank account details see here: https://dupahang.wordpress.com/2010/08/02/dr-m-ada-rm768-juta-dalam-akaun-di-israel/

And this is his response:

sumberhttp://www.chedet.com/2008/06/snippets_13.html

Bank Account

1. Several blogs have given space to a scurrilous statement that I, my wife and my children, have USD 199.45 million and S $ 42,000,000 in fixed deposit in the Israeli National Bank in Singapore.

2. The scum who alleges this does not have the guts to give his name.

3. UMNO can make a statement about the money I gave to Dato Abdullah when I stepped down. Better still Dato Abdullah can explain how much of the 1.4 billion Ringgit in cash, shares and property that my staff and one of his Ministers handed over to him is still with him.

4. I give full permission for the Israeli National Bank to make public these accounts so that I can claim the money said to belong to me and my family.

6. As for the anonymous scum, give your true name, I/C and address so that I can sue you.

__________

Now do compare this to Najib resonse. He keep on dancing around the subject without really answering the subject!

if I am not mistaken under the BAFIA, the account owner can give permission to bank or any third party to make a disclosure of his banking account to the world at large to the effect it is owner himself is dong the disclosure. In that event, no party will be held liable for wrongful or unauthorised disclosure.

AmBank significant events. March 21st 2013. CheatKor AmBank account received a deposit of USD620millions. March 22nd 2013. AmBank founder Hussain Ahmad reported to Bank Negara Ma laysia that a significant amount of money was deposited into CheatKor personal account. March 25th 2013. CheatKor AmBank account received a deposit of USD60millions. March 26th 2013. AmBank founder Hussain Ahmad reported to Bank Negara Malaysia that a significant amount of money was deposited into CheatKor personal account. May 5th 2013. Malaysia General Election. Every Month AmBank repoted to BNM that sinificant amount of money was withdrawn from the CheatKor account. 28th July 2013. AmBank founder went to file a police report on the matter above due to BNM non action. 29th July 2013. AmBank founder Hussain Ahmad was shot dead in a car park. 30th Aug 2013. All CheatKor accounts in AmBank was closed and money transfer overseas. Sept 2013. At AmBank all IT department heads was sack and replace

No need lah, BNM and all banks have centralise system of fund transfer known as RENTAS And central account monitoring known as CCRIS. By just using key board BNM enforcement and zeti know who got what and who transfer what. BNM have the power to make enforcement using AMLA and BAFIA. So why don't they do it. Is it now zeti been over ride.

An investigation might as well be made into those companies and its questionable conduct in depositing the cash into a personal account. But at this moment I believe not many person is certain and further on could disclose factual evidence to public on who's the accounts belong to? If it were to be mine.. The question will be is why I would be dumb enough to own up that's like opening a watergate to my own personal hell yea. Might as well try my luck and see how far my privacy will be protected by BAFIA before deciding whether a next move is necessary..

Investigation papers submitted to the attorney-general by the Malaysian Anti-Corruption Commission (MACC) show that RM40 million a Sabah businessman was caught with in trying to smuggle into Malaysia from Hong Kong were political contributions to the state Umno and not for Chief Minister Musa Aman.

NONE“The funds were contributions to the Sabah Umno liaison body and not for the personal use of the chief minister,” Minister in The Prime Minister's Department Mohd Nazri Abdul Aziz (right) states in a parliamentary written reply to Batu MP Chua Tian Chang, who is better known as Tian Chua.

In the same reply, Nazri also said that the MACC has concluded that "no element of corruption was proven" in the case.

On Aug 14, 2008, the businessman, who has been identified as Michael Chia, was caught red-handed at the Hong Kong International Airport with Singapore currency worth the RM40 million in his luggage before be could board a flight to Kuala Lumpur.

Chia was charged with money laundering and trafficking by the Hong Kong Independent Commission Against Corruption (ICAC).

musa aman pc in sabah 190608 01ICAC investigations also reportedly found that the money was earmarked for Musa and were part of more funds being deposited into a Swiss bank account containing US$30 million allegedly being held in trust for the Sabah chief minister by a lawyer.

Whistleblower website Sarawak Report has linked the monies to timber kickbacks which it said were bound for Musa's pockets for approving timber licences.

Musa has denied all the allegations.

Nazri's reply also states that the Hong Kong ICAC took no further action in the case after the MACC finding, while the request for cooperation in a criminal matter lodged over the Swiss bank account has been withdrawn for the same reason.

Speaking at a press conference in the Parliament lobby today, Tian Chua questioned the MACC finding that no graft was involved.

AG, MACC did not provide assistance sought

"Even if the money was not for Musa but for Sabah Umno, MACC still hasn't explained why no graft is involved. What is the money for and why is a businessman giving to money to Sabah Umno?"

NONETian Chua (left) also claimed that the ICAC could not take further action because the attorney-general and MACC were dragging their feet in providing the assistance requested by the Hong Kong anti-graft body.

The request for cooperation on the matter of the Swiss bank accounts, he added, was still outstanding.

Nazri's reply appears different from the MACC statement that was issued to the press just last week.

NONEIn the statement, MACC said its investigations were concluded but that its operations evaluation panel had instructed that further evidence be collected against Sabah Chief Minister Musa Aman before the matter could proceed to prosecution.

According to MACC deputy chief commissioner (operations) Mohd Shukri Abdull, the matter was presented to the panel at its last sitting in May.

“The investigation against Musa is on corruption (not abuse of power) and we have completed the investigation, but the panel has instructed us to get more evidence,” Mohd Shukri had said.

Didn't hear Bafia coming into play when people accused Tun of corruption. Siap bagi permission lagi!

By the way Bafia dah lapuk la. Now is FSA 2013 and IFSA 2013. Jangan nak selindung behind this act. All Najib has to do is write to Ambank to allow the Bank to get the statement. Apa benda susah sangat? Heck we even have e-statement now.

The new Financial Services Act allows customer to permit the bank to disclose their financial information - up to Mr PM to make a public statement to authorize ambank Islamic to publish his account (s)